CONFLICTS OF INTERESTSEMPLOYMENTCOUNTY ATTORNEY IN PRIVATE
PRACTICEA county Attorney is his private practice may not represent an out of
state father in a civil action for contempt of court for failure to support his children
residing in the county, as required by a divorce decree, when the attorney for the mother
intends to seek criminal prosecution of the father for such failure if the civil action
does not accomplish the desired results.

Is it ethical for the County Attorney in his private capacity to defend an out of state
father in a contempt of court proceedings for failure to support his children residing in
the county as ordered in a divorce decree, when the only other lawyer in the county is
representing the mother and intends to prosecute the father in a criminal action for such
failure to support his children if the civil action does not accomplish the desired
results, all of which the County Attorney is aware? The County Attorney and the mother's
attorney are the only two lawyers practicing law in the county, and the nearest town with
a practicing lawyer is twenty-nine miles away.

Opinion

Under the circumstances outlined in this inquiry the County Attorney may not represent
the father in a civil case; due to conflicts, or potential conflicts, of interests,
representation of the father would violate Canon 6. See
Opinions 48, 109, 184. (8-0)